LexisNexis® Mealey's™ Personal Injury Legal News

1. Louisiana High Court Reverses Award For Woman Injured On Village Sidewalk

   NEW ORLEANS - The Louisiana Supreme Court on Jan. 24 overturned a judgment for a woman injured in a trip and fall accident on a municipality's sidewalk, concluding that the deviation on the walkway did not present an unreasonable risk of harm (Arlene Chambers v. Village of Moreauville, No. 2011-C-898, La. Sup.; 2012 La. LEXIS 16). Full story on lexis.com

2. Federal Appeals Panel: Trial Court Did Not Err By Barring Prior Injury Evidence

   ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 20 affirmed a defense verdict for a retailer named as the defendant in a personal injury action, concluding that the trial court did not abuse its discretion in denying evidence regarding a prior accident that occurred on the defendant's property (Bonnie Rodrick v. Wal-Mart Stores East L.P., No. 11-1085, 8th Cir.; 2012 U.S. App. LEXIS 1181). Full story on lexis.com

3. Georgia Appeals Panel: Store Not Responsible For Man's Fall Down Stairway

   ATLANTA - The Georgia Court of Appeals on Jan. 24 affirmed summary judgment for a store owner in a premises liability action, concluding that the record established that the plaintiff failed to exercise ordinary care for his own safety while shopping at the defendant's store (Lynwood Bartlett, et al. v. McDonough Bedding Co., No. A12A0392, Ga. App., 1st Div.; 2012 Ga. App. LEXIS 44). Full story on lexis.com

4. California Appeals Panel: Engineer Was Qualified To Give Building Defect Opinion

   LOS ANGELES - The Second District California Court of Appeal on Jan. 23 reversed summary judgment for homeowners facing personal injury claims from an archway collapse on their property, concluding that a plaintiff's expert provided sufficient evidence that the defendants could have learned of a construction defect on their property before the accident (Darlene Trujillo v. Maria Cosio, et al., No. B232656, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 464). Full story on lexis.com

5. North Carolina Panel: Trial Court Erred By Dropping Premises Liability Claims

   RALEIGH, N.C. - The North Carolina Court of Appeals on Jan. 17 overturned summary judgment for the defendant in a premises liability action, ruling that the plaintiff properly alleged personal injury claims (Susan S. Shumaker v. Wake Forest University Baptist Medical Center, No. COA11-598, N.C. App.; 2012 N.C. App. LEXIS 14). Full story on lexis.com